People v. B.M.-B.

386 Ill. App. 3d 124
CourtAppellate Court of Illinois
DecidedOctober 30, 2008
Docket1-08-0898, 1-08-0900, Cons. Rel
StatusPublished
Cited by38 cases

This text of 386 Ill. App. 3d 124 (People v. B.M.-B.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. B.M.-B., 386 Ill. App. 3d 124 (Ill. Ct. App. 2008).

Opinion

JUSTICE GALLAGHER

delivered the opinion of the court:

B.M.-B. and N.B., Sr., bring this consolidated appeal contending that the juvenile court erred in its adjudicatory finding that D.W., VR. and N.B., Jr., (hereinafter referred to collectively as minors), were abused and neglected. Respondents-appellants contend that VR.’s testimony was not credible and that she had motives for lying about being sexually abused by N.B., Sr. Respondents-appellants further contend the juvenile court erred in its dispositional finding that they were unable to care for, protect, train or discipline their children, as they complied with the requested assessments and services and demonstrated an ability to care for the minors. For the reasons that follow, we affirm the trial court’s adjudicatory and dispositional orders.

I. BACKGROUND

B.M.-B. is the mother of two sons, D.W. and N.B., Jr., and two daughters, VR. and E.M. 1 She is married to N.B., Sr., the father of N.B., Jr. The remaining minors each have different fathers. As the result of a hotline call in July 2006, the Illinois Department of Children and Family Services (DCFS) began an investigation of the family due to allegations of sexual abuse. VR., who was 10 years old at the time, said her stepfather, N.B., Sr., had been sexually abusing her since she was 7.

Initially, DCFS entered into an agreement with B.M.-B. that she would keep N.B., Sr., out of the home while DCFS conducted its investigation. A safety plan was put in place, under which the minors were initially removed from the home. A DCFS inspection indicated N.B., Sr., was no longer living in the home, and the minors were then returned to the home. However, after a report from one of the minors that N.B., Sr., continued to be in the home, DCFS took protective custody of all four minors on September 13, 2006.

A. Adjudicatory Hearing

During the adjudicatory hearing, which commenced May 25, 2007, VR. testified in the presence of the trial court judge and the attorneys for each party, and was subject to cross-examination. VR. testified that she was currently living with her paternal great-grandmother because her stepfather, N.B., Sr., had been sexually touching her when she lived in her mother and stepfather’s home. VR. told the trial court she was seven years old the first time her stepfather touched her in a sexual way.

VR. testified that her stepfather told her they were just playing a game, that it was nothing bad, and not to tell anyone. The first game he made up was called “slam hug.” They would both have their clothes off and her stepfather would slam her on the bed and get on top of her. VR. said she could not remember what he would do while he was on top of her.

A second game they played was called “act it out.” N.B., Sr., would show VR. pornographic movies and then make VR. do what the woman in the movie was doing. VR. remembered that the name of one of the movies was “Booty Call.” In that movie, a nude woman would dance and shake her buttocks in the man’s face and N.B., Sr., would make VR. do the same thing.

In another movie, a nude woman in high heels would walk into the room where a man was sitting on the couch, unzip his pants, and suck his penis. VR. testified that after they watched this movie, N.B., Sr., then made her come in the room, unzip his pants, and suck his penis. She said that after she finished, some white or clear stuff came out of her stepfather’s penis and that he got a towel and wiped it off. VR. testified that she had to play this game more than once, but she could not remember how many times she had played it.

A third game they played was called “name the body part.” VR. could not remember how old she was when they started playing this game, but said it did not start until she was eight or nine. N.B., Sr., would tell VR. to take all of her clothes off and then he would touch different body parts and name them. VR. said that in order to make it seem like it was not a bad thing, her stepfather would start by touching her ears. He would then go down and touch the outside of her vagina.

The final game they played was called “squeeze hug.” In this game, they would both have their clothes off and N.B., Sr., would press his penis toward VR.’s vagina and they would hug. VR. testified that they played this game at the last place they lived on Cottage Grove, but she did not remember when it started.

VR. testified that when she was seven, the family lived on 43rd Street and the landlord was called “Big Eyes.” They then moved to the home of C.L., N.B., Sr.’s grandmother. When she was eight, they moved to an apartment with a landlord by the name of Nina. They then moved to the home of Tony, N.B., Sr.’s cousin, while VR. was still eight. When she was nine, they moved to a house on Cottage Grove, where B.M.-B. and N.B., Sr., still reside. VR. testified that N.B., Sr., touched her in a sexual way at each of these residences.

VR. testified that when she was about eight years old, she told her older brother, D.W., that N.B., Sr., was touching her. VR. said that D.W. knew something was going on because she was always in the room with N.B., Sr. D.W told VR. that she should tell their mother. VR. responded that she was not sure right then, and D.W. told her that whenever she wanted to tell their mother, he would go with her.

VR. remembered that she was living in Tony’s house the first time she told her mother, and she was eight years old when they lived in Tony’s house. VR. said that D.W. was with her and he told B.M.-B. that N.B., Sr., had been touching VR. VR. then confirmed the abuse. B.M.-B. started crying and said she believed VR. However, VR. testified that she figured her mother did not believe her because her stepfather remained in the home.

The second time VR. told her mother about the abuse, they were living in the home on Cottage Grove and she was nine years old. VR. testified that B.M.-B. responded, “Oh, here we go again.” VR. said that her mother again said she believed her and that later that same day, B.M.-B. had an argument with N.B., Sr., about VR. N.B., Sr., said that VR. was lying. VR. testified that N.B., Sr., touched her again after she told her mother the second time.

In addition to telling her mother and brother about the sexual abuse, VR. testified that she also told a teacher at the school she attended when they moved to the house on Cottage Grove, but said the teacher did not do anything either. VR. was questioned about telling a DCFS investigator who visited their home that nothing happened between her and her stepfather. She testified that when the woman from DCFS came to their home, VR. did not know who she was. The woman spoke with her mother first and then told VR. to come in. VR. had to go upstairs to use the bathroom, and she testified that her mother came upstairs to get her and told VR. to tell the investigator that nothing happened.

On cross-examination, VR. testified that N.B., Sr., had tried to put his penis in her vagina but it did not go all the way in. She said, “Ouch,” but her stepfather continued to try to push his penis into her vagina, and VR.

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Bluebook (online)
386 Ill. App. 3d 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bm-b-illappct-2008.